Officer charged with on-duty assault

The Calgary Police Service has charged an officer with assault with a weapon in connection with an on-duty incident.

The incident occurred on Thursday, Jan. 4, 2024, after officers responded to a call for service in Woodbine. It is alleged that during an attempted entry into a residence, one officer deployed his conducted energy weapon on a man, twice. It is alleged the officer used force that was not reasonable or proportionate given the circumstances.

The officer in question was suspended in February 2024 while an investigation by the CPS Professional Standards Section was conducted, including the review of Body Worn Camera footage. In consultation with the Alberta Crown Prosecution Service, Constable Nickolas KERTON, 37, has been charged with one count of assault with a weapon. He will next appear in court on Monday, Jan. 20, 2025.

Const. KERTON is a two-year member of the CPS. He remains suspended and his duty status will be reviewed as is standard procedure.

Police conduct in Alberta is governed by the Criminal Code of Canada, and Alberta’s Police Act and Police Service Regulation. Officers are permitted to use reasonable and necessary force in the execution of their duties, but they can be charged if there are grounds to believe the force was excessive or not required at all.

When concerns about force used by an officer arise, an investigation determines what happened and evaluates whether police actions followed the law, our policies and officer training. There is a range of potential outcomes if an investigation finds evidence of misconduct, including changes to policies and training, reprimands, demotions, pay deductions, suspensions, dismissals and criminal charges.

Criminal charges can be laid against officers in cases where the evidence supports it, and in consultation with the Crown Prosecution Service as appropriate. When criminal charges are laid, the court process for those charges must conclude before any internal discipline can be considered.

Decisions about an officer’s status during the court and disciplinary process are based on factors like risk to the public and options available for modified duties.